53E-7-403. Qualifying school and qualifying provider requirements.
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Effective 1/1/2024
53E-7-403. Qualifying school and qualifying provider requirements.
(1)A qualifying school or qualifying provider shall:
(a)notify a scholarship granting organization of the qualifying school's or qualifying provider's intention to participate in the program;
(b)submit evidence to the scholarship granting organization that the qualifying school has been approved by the state board under Section 53E-7-408 ; and
(c)submit a signed affidavit to the scholarship granting organization that the qualifying school or qualifying provider will comply with the requirements of this part.
(2)A qualifying school or qualifying provider shall comply with 42 U.S.C. Sec. 1981, and meet state and local health and safety laws and codes.
(3)Before the beginning of the school year immediately following a school year in which a qualifying school or qualifying provider receives scholarship money equal to or more than $500,000, the qualifying school or qualifying provider shall file with a scholarship granting organization that allocates scholarship money to the qualifying school:
(a)a surety bond payable to the scholarship granting organization in an amount equal to the aggregate amount of scholarship money expected to be received during the school year; or
(b)financial information that demonstrates the financial viability of the qualifying school or qualifying provider, as required by the scholarship granting organization.
(4)If a scholarship granting organization determines that a qualifying school or qualifying provider has violated a provision of this part, the scholarship granting organization may interrupt disbursement of or withhold scholarship money from the qualifying school or qualifying provider.
(a)If the state board determines that a qualifying school no longer meets the eligibility requirements described in Section 53E-7-408 , the state board may withdraw the state board's approval of the school.
(b)A private school that does not have the state board's approval under Section 53E-7-408 may not accept scholarship money under this part.
(6)A qualifying school shall, when administering an annual assessment required under Section 53E-7-408 , ensure that the qualifying school uses a norm-referenced assessment.
(7)If a scholarship granting organization determines that a qualifying provider no longer meets the requirements described in Section 53E-7-208.5 , the scholarship granting organization may interrupt disbursement of or withhold scholarship money for the qualifying provider.
Amended by Chapter 466 , 2024 General Session